Joint ownership severed at death

scotstoun

Hello. I'm new here but hopefully somebody can advise. My Father died a year ago and everything passed to my Mum as present in his will. They have a small joint mortgage, with both their names on the title deeds,which is continuing to get paid. The building society have sent several letters asking for a Solicitor's letter (only a solicitor on their lists) to confirm if joint ownership has been severed within the Will. Can anybody explain to me why they need such a letter? They have told me it is Scottish Law. I cannot find any reference to it anywhere. They know my Father died and have a copy of the death certificate along with a copy of the Will. I have filled out the necessary form and become my Mother's representative. Do they really need any more information and especially a solicitor's letter? Thank you for any help.

TBagpuss

I am not sure whether things are different in Scotland, but in England, if there was a Joint tenancy which had been severed, than your dad's share would pass to his executors and they would then need to formally transfer it to your mum, whereas if there was a joint tenancy which had not been severed, it would pass directly to your mum and all she would need to do would be to provide a copy of his death certificate.

Have you checked the wording of the will?

scotstoun

Thank you for that. From memory the will just says that everything owned by my Father passes to my Mother and when she dies everything gets split equally 3 ways with their sons. Very simple I would have thought.
It is Joint tenancy so it should automatically pass to my Mum. I don't think there is any difference in this respect between England and Scotland. The only thing that may need changed is the land registry.

DandelionPatrol

I would just send the bank a copy of the will and let them make up their own minds, rather than spend money on a letter from a solicitor on their panel - cheek!

Mind you, the answer to the question might just lead to the mortgage being called in, which would be worth checking out.

scotstoun

Spoke to the branch manager of said building society, Santander BTW. She was totally confused by the request and the answers she was being given for the Probate dept. They want to know about Joint Tenancy when in fact, in Scotland, it's joint ownership. They can find that on the title deed but of course they are with Register Scotland (equivalent of Land Registry) and they told her they can't access that info. Register Scotland tell me they can! I believe they are making it up as they go along. The Branch manager has never seen or heard of it before. I was advised that there may be a survival clause leaving the house to somebody else but that is !!!!!!!!! Joint ownership been severed or not? Still no further forward!

scotstoun

Persistence and not giving in has prevailed. After speaking to a solicitor I was told Santander were talking rubbish and there is no need for a letter. Scottish Law just need to know there is a survivorship a clause in title deeds. I took myself off to Register Scotland and got a copy. There is indeed the said clause and so Santander want a copy along with will. They could have accessed this info for £3.50, it cost me £36.00! They lied to me saying they couldn't access title deeds when in fact they could! Methinks some idiot has read something about Scottish law and then made up the rest. Anyway it's done!!

getmore4less

Thanks for the followup usefull for those that follow.

Send them the bill with the complaint